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The window frames are leaking in my apartment due to the bad Sydney weather this week? Who pays as it’s common property, the (OC) or me the owner. The window frames were changed and are not the original ones that were in the building. They were changed by the previous owners, and I read somewhere new window frames, the owner has to pay not the (OC), but generally speaking that’s common property, so who pays for window framces damaged due to bad weather?
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Damage due to an insurable event should be covered by the OC’s building insurance. In the ACT, perhaps not elsewhere, the OC has to pay the excess due to the way the Act is worded requiring the OC to have full insurance but that is not available; all insurance offered to strata properties has an excess payable.
Unless there was a special resolution by-law passed when the previous owners installed the windows, they are still common property. If there was a special resolution by-law passed, it should state who has responsibility for their ongoing maintenance. If that is not stipulated, then responsibility reverts to the owners corp.
The opinions offered in these Forum posts and replies are not intended to be taken as legal advice. Readers with serious issues should consult experienced strata lawyers.
@Matt said:
Pete CDoes Excess payable, mean you gotta fork out some % of cost yourself?
Are Apartment roofs also common property as my apartment roof has started to leak in kitchen, must be a plumbing or roof-plastering problem.
In the ACT, the assumption had tended to be that unit owners would have to pay the excess. When a unit owner made a claim on the OC’s insurance in respect of their particular unit, we used to have the unit owner pay the excess. However, the wording of the ACT Unit Titles (Management) Act 2011 is that the OC is responsible to fully insure. That has been interpreted to mean the OC must pay for any shortfall in its responsibility to be fully insured. IE the OC now has to pay the excess.
In most places, I would assume that an apartment roof is common property and the responsibility of the OC to fix. The OC would pay if the damage was due to a defect of construction or failure to maintain. The insurance would pay if the damage was due to an insurable event.
My commercial premises have twice been flood affected due to water overflow from the external rainwater tanks on common property. Body corporate is aware but want the developer/ builder to rectify as is a 3 year old building..he refuses currently and I can feel that this process may drag on many years. This leaves me with paying to repeatedly clean up water damage in my premises but the fault is on common property (where I cannot legally even rectify the problem myself)..any advice?
jpaoloni, the Owners Corporation has to repair common property regardless of any other considerations, such as defect claims. In many ways, they may be able to progress the defect claim by showing they chose the best or least expensive repair option. If they refuse to do anything until the defect claim is resolved, you can take them to NCAT for orders under Section 62 of the Act. Explain that you are prepared to do that and they may get moving on this.
The opinions offered in these Forum posts and replies are not intended to be taken as legal advice. Readers with serious issues should consult experienced strata lawyers.
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